KEC TRIVENI KPIPL (JV),GURGAON vs. ITO, WARD- 2(3), GURGAON

In the result, the appeals of the department are dismissed

Bench: Shri H.S. Sidhua.Y..: 2015-16

disallowance u/s 40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, I am of the considered opinion that the provisions of this section are not attracted. I, therefore, uphold the 7

KEC-VARAHA-KHAZANA (JV),GURUGRAM vs. ITO, WARD-2(3), GURUGRAM

In the result, the appeals of the department are dismissed

Bench: Shri H.S. Sidhua.Y..: 2015-16

disallowance u/s 40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, I am of the considered opinion that the provisions of this section are not attracted. I, therefore, uphold the 7

KEC DELCO DUSTAN (JV),GURGAON vs. ITO, WARD- 2(3), GURGAON

In the result, the appeals of the department are dismissed

Bench: Shri H.S. Sidhua.Y..: 2015-16

disallowance u/s 40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, I am of the considered opinion that the provisions of this section are not attracted. I, therefore, uphold the 7

KEC SIDHARTH (JV),GURGAON vs. ITO, WARD- 2(3), GURGAON

In the result, the appeals of the department are dismissed

Bench: Shri H.S. Sidhua.Y..: 2015-16

disallowance u/s 40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, I am of the considered opinion that the provisions of this section are not attracted. I, therefore, uphold the 7

THE COMMISSIONER OF INCOME TAX vs. M/S V.R.V. BREWERIES & BOTTELI

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,HON'BLE MR. JUSTICE RAJIV SHAKDHER

b) xxxx ITA Nos. 594/2005, 646/2005 & 559/2006 Page 8 of 32 8.3 Upon such determination of this agreement the UNIT shall cease to be a licensee or registered user of the trade marks or brand names of Shaw Wallace and shall not have any right to use such trademarks or brand names thereafter. The UNIT agrees to cease and desist

THE COMMISSIONER OF INCOME TAX vs. M/S VRV BREWERIES & BOTTELING

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,HON'BLE MR. JUSTICE RAJIV SHAKDHER

b) xxxx ITA Nos. 594/2005, 646/2005 & 559/2006 Page 8 of 32 8.3 Upon such determination of this agreement the UNIT shall cease to be a licensee or registered user of the trade marks or brand names of Shaw Wallace and shall not have any right to use such trademarks or brand names thereafter. The UNIT agrees to cease and desist

DCIT, NEW DELHI vs. M/S DHARAMPAL SATYAPAL LTD.,, DELHI

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

7. Second ground of appeal is with respect to disallowance u/s 40A (3) of The Act amounting to Rs 33,90,712/–. learned assessing officer noted that special auditor has reported that expenses aggregating to INR 33,90,712/– have been made in violation of provisions of section 40A (3) of The Act. In submission of assessee, there

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

40a(is) vide the Finance Act 2014, w.e.f. 01.04.2015 thereby reducing the disallowance on no-deduction of TDS on payment to resident from 100% of expenditure to 30%, is curative in nature and hence applicable retrospectively. Further, we place reliance on decision of Hon'ble Mumbai Tribunal in case of NeenaKaul v. Asstt. CIT [IT Appeal No.1386

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

40a(is) vide the Finance Act 2014, w.e.f. 01.04.2015 thereby reducing the disallowance on no-deduction of TDS on payment to resident from 100% of expenditure to 30%, is curative in nature and hence applicable retrospectively. Further, we place reliance on decision of Hon'ble Mumbai Tribunal in case of NeenaKaul v. Asstt. CIT [IT Appeal No.1386

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

40a(is) vide the Finance Act 2014, w.e.f. 01.04.2015 thereby reducing the disallowance on no-deduction of TDS on payment to resident from 100% of expenditure to 30%, is curative in nature and hence applicable retrospectively. Further, we place reliance on decision of Hon'ble Mumbai Tribunal in case of NeenaKaul v. Asstt. CIT [IT Appeal No.1386

DCIT,C-11(1), NEW DELHI vs. HERO MOTOCORP LTD.,, NEW DELHI

Appeal of the Revenue is dismissed

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat

7: Disallowance of excess depreciation claimed on computer and computer peripherals @ 60% Facts: During the relevant previous year, the assessee claimed depreciation @ 60% on certain assets such as UPS, scanners, printers and other network equipments, which were acquired and used with computers and formed integral part of computer for the purposes of assessee. Detail of addition made to computer

. AMSERVE CONSULTANTS LTD.,NEW DELHI vs. ADIT, NEW DELHI

In the result both the appeals of the assesses are allowed

Bench: Shri I.C. Sudhir & Shri J. Sudhakar Reddyay: 2009-10

disallowed. We have also kept in mind the provisions of sub Section 2 (b) of Section 40-A of the Act as per which the burden is upon the assessee to establish that the price paid by it is not excessive or unreasonable as in this case Mr.SushilPandit was holding substantial portion of share namely 65 percent in the assessee

HERO MOTO CORP LTD.,NEW DELHI vs. NEAC, DELHI

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

B Agreement, since - (i) the appellant obtained exclusive right to manufacture and sell the products within the territory of India and, (ii) the license had a degree of perpetuity, as it was being renewed and extended year after year. Re: Disallowance of deduction under section 80-IC of the Act on account of profit attributable to brand value and marketing

HONDA INDIA POWER PRODUCTS LTD,NEW DELHI vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, appeal of the assessee is allowed for statistical purposes

b) of the Act. It was pointed out that no disallowance was shown in the tax audit report towards such provision under section 40A(7

KEDAR NATH SAWHNEY ,DELHI vs. ACIT CIRCLE-34(1), NEW DELHI

In the result, the appeal filed by the assessee is allowed

7) of that section being reckoned from the end of the assessment year next following the previous year in which the payment was so made: Provided further that no disallowance under this sub-section shall be made where any payment in a sum exceeding ten thousand rupees is made otherwise than by a crossed cheque drawn on a bank

HERO MOTOCORP LTD.,,NEW DELHI vs. ADDL.CIT, RANGE-11, NEW DELHI

In the result ground No

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6990/Del/2017 (A.Y 2013-14)

b) of section 40A (2) of the Act. Related parties are to be considered in terms of provisions of sec. 40A (2) of the Act and not as mentioned in AS-18 issued by the Institute of Chartered Accountant. Thus, we are of the view that the provisions of section 40A (2) do not apply to the present case. Further

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal No. 2424/Del/ 2015 filed by the revenue in assessment year 2010-11 is partly allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

b) of section 40A (2) of the Act. Related parties are to be considered in terms of provisions of sec. 40A (2) of the Act and not as mentioned in AS-18 issued by the Institute of Chartered Accountant. Thus, we are of the view that the provisions of section 40A (2) do not apply to the present case. Further

ITO, WARD- 2(3), GURGAON vs. KEC KIEL JV, GURGAON

In the result, the appeals of the department are dismissed

Bench: Shri N.K. Billaiya & Shri Pawan Singh(Hearing In Virtual Court) Income Tax Officer M/S Kec Kiel Jv, 8Th Ward-2(3), Floor, Building No. 9A, Vs Gurgaon Dlf Cyber City Phase-Iii, Gurgaon Revenue / Appellant Assessee/Respondent

40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, I am of the considered opinion that the provisions of this section are not attracted. I, therefore, uphold the impugned order on this score deleting the disallowance.” 5. Respectfully following the decision of the Tribunal in the case